Failing to do that could
land lawyers in ethical trouble. Several of the ABA's Model Rules of Professional Conduct, which have been adopted in a majority
of states, may come into play.
They include:
* Rule 3.3, which requires
a lawyer to investigate the background of expert witnesses to avoid putting on perjurious testimony regarding their credentials.
* Rule 3.8, which requires
that prosecutors disclose any exculpatory evidence they have uncovered, including any evidence of fraud relating to an expert's
acts or knowledge.
* Rule 5.3, which says lawyers
are barred from ratifying the unethical conduct of nonlawyers, including experts.
* Rule 8.3, which requires
prosecutors to report unethical conduct by other lawyers, including knowingly using an expert they have discovered to be a
fraud.
* And Rule 8.4, which states
that it is professional misconduct to violate the Model Rules; commit a crime that reflects adversely on a lawyer's honesty,
trustworthiness or fitness; engage in conduct involving dishonesty, fraud, deceit or misrepresentation; or engage in conduct
that is prejudicial to the administration of justice.
